FILED: BRONX COUNTY CLERK 04/26/ :27 AM INDEX NO /2015E NYSCEF DOC. NO. 270 RECEIVED NYSCEF: 04/26/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _ X LATOYA MEADERS, NIGEL GRANVILLE, ARMANDO ORDER WITH JACKSON and FRANK LENTO, NOTICE OF ENTRY Plaintiffs, Index No /2015E -against- Judge Julia Rodriguez ELV1N DIAZ, JR. DS SERVICES OF AMERICA, INC. and KELLEY-AMERIT FLEET SERVICES, INC. d/b/a AMERIT FLEET SOLUTIONS, X Defendants. â X PLEASE TAKE NOTICE that the within is a true copy of an order dated March 23, 2018 and entered in the office of the clerk of the within named Court on April 2, Dated: New York, New York April 23, 2018 Yours, etc., SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant Kelley-Amerit Fleet Services, Inc, d/b/a Amerit Fleet Solutions 111 John Street New York, NY (212) PMA TO: Harry 1. Katz, P.C Utopia Parkway Fresh Meadows, NY (718) /(718) (F) Latoya Meaders 1 of 6

2 Law Offices Matthew Marchese, P.C East Tremont Avenue Bronx, NY (718) /(718) (F) Frank Lento Morici & Morici LLP 1399 Franklin Avenue, Suite 202 Garden City, NY (516) /(516) (F) Nigel Granville Sakkas, Cahn & Weiss LLP 150 Broadway, Suite 300 New York, NY (212) /(212) (F) Armando Jackson Wilson, Elser, Moskowitz, Edelman & Dicker, LLP 150 East 42nd Street New York, NY (212) /(212) (F) Attorney for Defendants DS Services of America, Inc. and Elvin Diaz, Jr. CGV/bpp of 6

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4 FILED : BRONX COUNTY CLERK / : 55 PM) INDEX NO 26937/2015E NYS.CEF QC. NO. 267 RECEIVED NY5CEF: 04/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX _.., x â â â â â ---- â - â â â â â â â â â â Latoya Meaders, Plaintiffs, DECISION AND ORDER... index No /15E -against- Elvin Diaz, Jr. and DS Services of America, Inc., x â â â â â - -- â â â Defendants. Plaintiff Latoya Meaders alleges that she sustained personal injury due to defendants negligence. Plaintiff alleges that on 11/21/15, her construction vehicle was rear-ended by a vehicle operated by defendant Elvin Diaz, Jr. and owned by defendant DS Services of America, Inc. ("DS Services) while her vehicle was stopped on southbound I-678 at the Whitestone Bridge in Queens County. Plaintiff previously moved for summary judgment pursuant to CPLR 3212 on liability grounds. Defendant blamed the accident on the unanticipated brake failure of DS Services vehicle and submitted inspection reports to show that the brakes:were reasonably cared for. By Decision and Order dated 6/29/16, this court denied summary judgment, finding the defendants raised an issue of triable fact. Plaintiff seeks a preclusion order against Kelley-Amerit Fleet Services, Inc. d/b/a Amerit Fleet P Solutions, which in turn cross-moves for summary judgment. Plaintiff alleges that by order dated 4/13/16, her action was consolidated with actions brought by Nigel Granville and Armando Jackson. The proffered preliminary conference order, however, was not signed by a judge or entered by a clerk. even Additionally, this judge has never presided in the pre-trial,part even though her name is handwritten over an apparent erasure. The motion and cross-motion are accordingly denied. This court lacks jurisdiction to entertain either motion to the extent that Kelley-Amerit is a non-party to this action. A copy of this Decision and Order shall be served within 30 days. Dated: 23 March Iden. l(i I h Eklez, LS.C. 2 of 2 4 of 6

5 STATE OF NEW YORK, COUNTY OF NEW YORK as.: AFFIDAVIT OF SERVICE BY ELECTRONIC FILING AND FIRST CLASS MAIL Brunilda P. Perez, being duly sworn, deposes and says that deponent is employed by Smith Mazure Director Wilkins Young & Yagerman, P.C., the attorney for Defendant, Kelley-Amerit Fleet Services, Inc, d/b/a Amerit Fleet Solutions, is over the age of eighteen, is not a party to this action, and resides at Bronx, NY On April 26, 2018, deponent served the within Order with Notice of Entry upon: ALL PARTIES AS APPEARING ON THE SUPREME COURT, STATE OF NEW YORK ELECTRONIC FILING WEBSITE. Harry I. Katz, P.C. Morici & Morici LLP Utopia Parkway 1399 Franklin Avenue, Suite 202 Fresh Meadows, NY Garden City, NY Wilson, Elser, Moskowitz, Sakkas, Cahn & Weiss LLP Edelman & Dicker, LLP 150 Broadway, Suite East 42nd Street New York, NY New York, NY Law Offices Matthew Marchese, P.C East Tremont Avenue Bronx, NY the addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper in - a post office - official depository under the exclusive care and custody of the United States post office department within the State ofnew York. runilda P. Perez Sworn to before me Ap I 6, 2018 Notary Pulil A PMA-00740/992 4,~ 5 of 6

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX LATOYA MEADERS, and FRANK LENTO, NIGEL GRANVILLE, ARMANDO JACKSON -against- Plaintiffs, INDEX NO /2015E ELVIN DIAZ, JR. DS SERVICES OF AMERICA, INC. and KELLEY- AMERIT FLEET SERVICES, INC. d/b/a AMERIT FLEET SOLUTIONS, Defendants. ORDER WITH NOTICE OF ENTRY SMITH MAZURE DIRECTOR WILKINS YOUNG 8 YAGERMAN, P.C. Atlameys for Defendant Kelley-Ameril Fleet Services, Inc, d/bla Amerit Fleet Solutions 111 John Street New York, NY (212) PMA CERTIFICATION PURSLIANT TO 22 N.Y.C.R.R.$ a CONSTANTINE G. VLAVIANOS hereby certifies to the best of the undersigneds knowledge and information and belief and after an inquiry reasonable under the circumstances, that, pursuant to 22 N.Y.C.R.R a-b, (1) the contentions contained in the annexed document are not frivolous as defined in section (c) of this Subpart, and (2) where the paper is an initiating pleading, (i) the matter was not obtained through illegal conduct, or thal if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned there from, and (ii) the matter was not obtained in violation of 22 NYCRR a [DR 7-111]. Daled: New York, New York CONSTANTINE G. VLAVIANOS April 23, 2018 PLEASE TAKE NOTICE Qx that the within is a true copy of an order entered in the office of the clerk of the within named Court on April 2, O theta of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court at, on at 9:30 a.m. CGV/bpp of 6